Thursday, November 22, 2007

Fifth Amendment Anyone?

Someone wake up the Supreme Court:

[...], an off-duty Chicago Police Officer was arrested by the CPD for a DUI. While being processed for the arrest, the off-duty officer was asked to submit to a breathalyzer exam. The off-duty officer refused and he was processed as a “refusal.” A sergeant from IAD arrived at the scene and gave the off-duty officer a direct order to submit to a breathalyzer exam for the administrative portion of the investigation. The criminal portion of the investigation was completed after the officer refused. After being given the direct order, the officer submitted to the breathalyzer exam and the result was over the legal limit. Everyone involved assumed that the result of the breath test would not be a subject of any criminal proceedings because it was produced while the officer was under duress; accordingly, it was inadmissible in court. As a matter of fact, the issue has arisen several times throughout the years and any result from a breath test has not been admitted. In this case, the state attempted to use the administrative breath test. The off-duty officer’s attorney filed a motion to suppress the evidence of the result and for some reason, the states attorney’s office decided to oppose the motion. The ASAs filed a ten page argument outlining the reasons why the breath test results should be admitted.

The Lodge’s attorneys filed a brief on behalf of the officers and argued that the results of the breath test could not be used at the criminal trial for several reasons. The Lodge outlined its argument in great detail and the judge agreed with the Lodge when he ruled, on November 15, 2007, that the state could not use the results of the breath test. The state announced that it would appeal the decision. The Lodge intends to take its winning argument to the Appellate Court and is confident that it will succeed in that court as well. Stay tuned.

The above is from FOP Current Updates. We don't know what law training the Illinois Bar requires of it attorneys, but going against established US Supreme Court precedent in Garrity v. New Jersey, 385 U.S. 493 (1967) and then running into the brick wall that is the Fifth Amendment, makes us all the more amazed at the complete lack of legal knowledge exhibited by Devine's office.

Of course, recent events at the office and everyone jockeying for position in the wake of Devine's announced retirement, have pretty much set the ASA's at odds with CPD. Too many are seeing career advancement in prosecuting police officers - even at the expense of officers' guaranteed constitutional, contractual and established legal rights. They are proving time and again that they are not on our side any longer.

The ASAs filed a ten page argument outlining the reasons why the breath test results should be admitted.

TEN PAGE!!!??? I guess convicting a cop earns more prmotion points than convicting a felon on parole caught with a gun. Joke ASA's. Hack soon-to-be ambulance chasers. Don't trust them. They will act like they are your best friend in that jury room before a trial but try and talk to them later and you are no more than another body in the way. Give them the most remote of possibilites or ideas and they will stick that knife in your back and twist.

No, it doesn't mean you won't blow by IAD. IAD can still require you to blow...administratively. Our CPD rules and regulations allow IAD to pursue this tool for their purposes, and it's been in the R&R's for a while. But the results of that exam cannot then be used for any criminal proceeding, such as a DUI arrest.

Is there any Attorney's reading this blog? Are there any cases here that interest you? Would you be willing to take on the State? County? City?

Why should this officer not be afforded His or her constitutional rights? Why should my fellow officers be accused of racial-profiling and a veiled accusation of being racists?

Will someone please explain this to me? Im at my wits end, and can not understand why we have been allowed to become the punching bag for the media and political types wanting exposure.(Thanks FOP your silence here is deafening)

How about a Paul Harvy type of auxillary blog that tells the rest of the story? How about a law-suit that exonerates the coppers and tells the truth of the matter?

WE NEED TO STOP GIVING ASA'S OUR CELL NUMBERS WHEN AT COURT. "OFFICER HOW CAN I GET A HOLD OF YOU" DIAL 911 YOU FUCK. IT IS THEIR JOB TO SEND A SUBPOENA THRU OFFICIAL DEPARTMENT CHANNELS. NOT CALL US ON OUR CELL PHONES, ON OUR DAYS OFF BECAUSE THEY DIDN'T SEND OUT SUBPOENA'S. THEY HAVE MADE IT CLEAR THAT THEY ARE NOT OUR FRIENDS ANYMORE. FUCK YOU DEVINE.

Great article SCC, but let' not forget to point out the piece of shit so-called "cop" that made the arrest in the first place. How many drivers get plays in this city as we cope with the ggungs gangs and drugs that they always preach?

The above is from FOP Current Updates. We don't know what law training the Illinois Bar requires of it attorneys, but going against established US Supreme Court precedent in Garrity v. New Jersey, 385 U.S. 493 (1967) and then running into the brick wall that is the Fifth Amendment, makes us all the more amazed at the complete lack of legal knowledge exhibited by Devine's office.------------------

Law??? Precedent??? Guy, we are in Crook County! That shit don't matter when a copper is in their sights.

This job is going to shyte. I would never, ever, do such a thing unless given a direct order. You people who arrest their fellow cops ought to hang your heads in shame. It is not bad enough that the media, the city, and veryone else is against us. Now we are against each other.

Someone should post the names of cops who do this so we know who they are.

Think about this guys, If this is the way They are going to play it. DO NOT BLOW FOR ANYONE!! IF you are involved in a drunken disturbance or accident, THEY WILL FIRE YOU ANYWAY. Do not give them the bullet so they can just stick it in your ass. You will be losing your job anyway, just don't get thrown in jail.

I personally know a lot of ASA's and they are the biggest bunch of pompous a-holes i've ever had the displeasure of being friends with. They think they are SO important and that they making all these life altering decisions, but in reality all they are are a the bottom dwellers of their law class and politically connected hacks. I just can't stand them. Besides the ghetto folk, they are my least favorite people on the planet.

Anonymous said... The ASA's have a right to challenge the constitution. But of course it's the dumb p.o.'s that give them the work. It's the p.o.'s fault for putting himself in that position in the first place.

11/22/2007 04:30:00 PM

You mean it's the p.o.'s fault for realizing he had one too many and doing the responsible thing then pulling off the road, removing the keys from the ignition and trying to sleep it off? You sir are a worthless piece of poo!! Oh and R.A., I'll be getting locked up for battery before you ever get my license you worthless piece of shit asshole.

Fillmore Ranger-- great question, from personal knowledge, I can tell you that the city turned over the whole IAD file without a fight. No one thinks they will be in this position, and I hope none of them ever will, but I would like to reiterate, the city does not give a f%@k about any of us. In addition, the quickest way to make a name for yourself in the SAO is to bag a copper. Be careful out there and realize we are not on the same side as these guys anymore.

Anonymous said... An off duty CPD officer arrested for DUI by a fellow CPD officer?

This job is going to shyte. I would never, ever, do such a thing unless given a direct order. You people who arrest their fellow cops ought to hang your heads in shame. It is not bad enough that the media, the city, and veryone else is against us. Now we are against each other.

Someone should post the names of cops who do this so we know who they are.

11/22/2007 01:08:00 PM

Imagine yourself at scene of a PI accident. ODPO is obiviously DUI and other party injured. Do you cover up and loose your job and benefits or do your job and write the paper? There are limits to cover ups for ODPO. In certain circumstances we can extend courtesty but when there are injuries, witnesses or any chemical tests, I do not see the options? Write paper or loose your job. In car videos will soon eliminate the options. Not worth the extreme risk.

real quick comment.....all you ASA's and your christmas parties or your friday night drinking binges in and around the area's (a place at JACKSON/RACINE) you are on our radar.....dont even think of getting into your car and driving home and if caught the old phrase " Im ASA so and so and I work with you guys @ 26th/cal or br 44 will not get your ass outta this one.......enjoy coughing up 5-10 g's in fines to get outta this one ladies and gentlemen.....and no more breaks for any regular joe.......its GO time....your not the police or related to the police than you can make a phone call when you get into the back."

If you are in this situation and you know you are over the limit, REFUSE the "administrative" order to take the test.

This way there is no "administrative" evidence that you were intoxicated. If you are fired for refusing an order, you can claim that the order was in violation of your 5th Amendment rights. The very fact that the Cook Co. ASA has argued that "administrative" evidence is admissible in a criminal trail supports you case.

Much easier to get your job back, but if you idiots were smart, you wouldn't be in that situation in the first place.

The goal here is NOT to get the evidence admitted, but to use the unlimited bankroll of a public office to use up your FOPs limited finances. The Daley regimes(father & son) have been using this tactic since the days of C.O.P.(Confederation of Police) when they would take a court case that was obviously going to be a loser and fight it to get us to waste our limited finances and manpower.

THIS SOUNDS LIKE A RICH AUSTIN ARREST,BUT IF YOUR A GANGERBANGER DRIVING AND A 11/501A4, DONT WORRY RICH WILL NOT STOP YOU, ITS TOO DANGEROUS, RICH ONLY STOPS OFF DUTY COPS AND WHITE FEMALES. F-CKYOU RICH.

Administrative blow has already been used in criminal proceedings against a former 018 Dist P.O. this year. ASA's filed a successful motion to have it admitted. There is case law arguing thier side also. They argued that the admin blow is physical evidence therefore it is not a self incriminating statement and the 5th amendment doesn't apply. Also they argued successfully that a P.O. when given the direct order to blow is not under duress to do so because they can not "immediately" lose thier job. It will take time and administrative procedure to accomplish that.

The court was filled with ASA's at the motion hearing and we thought they didn't have a chance because this was against everything the department and the FOP had ever told us but Surprise! - they won and the admin blow was admitted.

While I agree that we should be held to a higher standard, I think everyone should be made aware that an Admin blow can potentially be used in criminal proceedings.

You mean it's the p.o.'s fault for realizing he had one too many and doing the responsible thing then pulling off the road, removing the keys from the ignition and trying to sleep it off? You sir are a worthless piece of poo!! Oh and R.A., I'll be getting locked up for battery before you ever get my license you worthless piece of shit asshole.

11/23/2007 12:07:00 AM

Was it really the responsible thing to do? He realized AFTER his BAC started kicking his ass that he had too much to drink and too far to drive and then couldn't make it all the way home.

The irony of the majority of these comments is absolutely rich. Those in glass houses, eh SCC? The fact that cops are bitching about the 5th Amendment and the denial of civil liberties seems a bit of a stretch when we ALL know that EVERY single search performed by cops has been strictly above board. So essentially what you're saying is that not one search conducted in Cook County has ever violated the 5th Amendment. How many times have the accompanying paper and/or testimony at the hearing on the motion to suppress was justified by an "it was a means to an end" mentality? As in, "he had the stuff/guns/etc. on him, so who cares how we got it?"

Here, a cop was drunk. Driking and driving is illegal, yes? Didn't a cop JUST kill two people drinking and driving? It seems that your righteous indignation that - GASP - a cop has "suffered" an illegal search is grossly misplaced. When you can honestly say that you and every cop reading these boards has NEVER violated someone's precious civil liberties, then your childish rant taking ASA's to task for doing their job might hold a bit more water. Until then...shut the f*ck up.

Anonymous said... Great article SCC, but let' not forget to point out the piece of shit so-called "cop" that made the arrest in the first place. How many drivers get plays in this city as we cope with the ggungs gangs and drugs that they always preach?

11/22/2007 09:48:00 AM

It was not the coppers fault the jag-off Sgt. on scene gave the direct order for the arrest after he told another Sgt. that it was his beat...What a fucking JAG-OFF!